Free Traffic Legal Advice

Does 14 days notice requirement apply to the nominated possible driver?

Automatic camera device= Speed 24mph on a 20mph road.
Camera images are of the rear of the vehicle and not high resolution.

Offence date: 03/Sept/24.
NiP date: 24/Oct/24, delivered to registered keeper, 50 days later.
Registered keeper and owner V5 log book address is correct and have not changed in the past 5 years.

Registered keeper completed online acdp.met.police.uk with: Not the driver at the time and provided the "Possible driver" details.  Note was added, as provided images are of the rear of the vehicle it's not possible to identify the driver for that day and questioned the 14 days notice.

NiP date: 07/Nov/24 delivered to nominated possible driver.
Completed and posted paper NiP with: Driver on this occasion. Attached letter outlining that unsure who was the driver on that day and questioned the notice not served within the 14 days.

Received reply letter: 19/Nov/24 (see attached image) that outlines there intention to proceed.
Received offer letter: 20/Nov/24 offer of National speed awareness course.
Sent reply letter: 21/Nov/24,  again pointing out the primary NiP not served within the legislations 14 days notice timeframe and included a copy of the primary NiP issued to the registered keeper.

It's now the 30/Nov/24 and I've not received a response.
Have I got this wrong?

Completed and posted paper NiP with: Driver on this occasion. Attached letter outlining that unsure who was the driver on that day and questioned the notice not served within the 14 days.

I also do not understand.

Your letter says whoever wrote it cannot be sure who the driver was. So who have the police offered a course to?

None of the issues you raise (the possibly late 1st NIP, the uncertainty of the driver's identity or the allegedly defective signage) will be dealt with by the police. If the course they have offered is not accepted they will simply begin a prosecution in court. By then the chance of a course or fixed penalty will be lost. They have six months o do this and in many areas they take all of that period.

 

Does 14 days notice requirement apply to the nominated possible driver?

If you mean someone nominated by someone else earlier in the chain, no. How could it when they had 28 days to respond?

Completed and posted paper NiP with: Driver on this occasion. Attached letter outlining that unsure who was the driver on that day and...

You should expect to be prosecuted for not naming the driver.

So, you know by guessing that no previous NIP was sent?

Reading between the lines and based on previous accounts, it would seem that the Met ask the recipient, if he was not the driver, to nominate the probable driver.

It appears that the "probable driver" admitted to being the driver, but added "yebbut it might not have been me".

I would suggest that either might struggle with any defence that requires the court to find them credible witnesses.

The main question I have is, does the 14 days service of notice get reset once a registered keeper has nominated the driver?

The 14 days only applies to the initial notice, normally sent to the Registered Keeper. Subsequent notices have no specific time limits.